1997-06-13_REVISION - M1981302 (61)

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1 ditch and 2.37 acre feet per acre of water per year needed to raise a crop or grow a ' healthy stand of grass. ' District 6 Augmentation Plan On February 4, 1985, the Water Users Association of District 6 (Water Users) and the owners of the Flatiron Property entered into an "Agreement Regarding Sand and Gravel Mining and augmentation Plan Pertaining Thereto". The purpose of this agreement was to provide assurances by the owner of the property that no loss of water would occur to the water system by the evaporation of surface water from the gravel lakes established during the mining process at this property. The agreement with District 6 included the following: * 14.2 surface acres of lakes existed prior to commencement of mining activities on ' the Deepe Farm. These 14.2 acres would be "grandfathered" in and would require no mitigation for evaporative losses. ' * A share of Dry Creek No. 2 Ditch water was valued at 5.47 acre feet in an average ' year. * Relocation of the Dry Creek No. Ditch from the center of the property to its eastern periphery (with agreement of the Ditch Company). * Two acre feet of water of headgate diversion for augmentation purposes for each net additional surface acre of lake constructed (over and above the pre-existing 14.2 acres). ' * If, at the end of the mining process, less than 14.2 acres of lakes are created, no augmentation plan will be required for this property. If more than 14.2 acres of lakes remain, 2.0 acre feet per exposed acre of water will be transferred via deed of Dry Creek No. 2 water shares, to District 6. The requirements of this agreement were reviewed in July, 1994 with District 6 and at that ' time it was determined that less than 14.2 acres of lakes existed on the property and no compensation for water losses due to District 6. The plan with District 6 established 1 � ' -23-